UNION BANK v. PEND OREILLE BONNER DEVELOPMENT LLC (2016)

PETITION FOR REHEARING

Filing Fee: $71.00

COMES NOW, Appellant North Idaho Resorts, LLC (NIR), pursuant to Idaho Appellate Rule 42, and files this Petition for Rehearing of the Court's 2017 Opinion No. 8 filed January 27, 2017. NIR respectfully asserts that the Court erred in affirming the district court's decision because the Court's opinion failed to address that Union Bank's actual knowledge of NIR's vendor's lien prevented it from holding the status of a bona fide encumbrancer.

This petition is supported by the Memorandum in Support of Petition for Rehearing filed contemporaneously herewith. NIR respectfully requests that the Court grant a rehearing of this appeal.

JAMES, VERNON & WEEKS, P.A.

SUSAN P. WEEKS

Attorneys for Defendant/Appellant North Idaho Resorts, LLC

CERTIFICATE OF SERVICE

I hereby certify that on the 15th day of February, 2017, I caused to be served a true and correct copy of the foregoing instrument by the method indicated below, and addressed to the following:

__ U.S. Mail, Postage Prepaid Gary A. Finney __ Hand Delivered Finney, Finney & Finney, P.A. __ Facsimile: 208-263-8211 120 E Lake St., Ste. 317 Sandpoint, ID 83864 __ U.S. Mail, Postage Prepaid W. Christopher Pooser __ Hand Delivered Stoel Rives, LLP __ Facsimile: 208-389-9040 101 S. Capitol Boulevard, Suite 1900 Boise, ID 83702